The Social Security (Miscellaneous Amendments) Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations primarily amend the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), the Social Security (Back to Work Bonus) (No. 2) Regulations 1996 (S.I. 1996/2570) and the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996 (S.I. 1996/2567) by both correcting a number of technical errors (regulations 2, 3 and 4) and making certain other amendments. In particular, those amendments—

• clarify what constitutes good cause for the purpose of any sanction imposed in accordance with Section 19(6)(c) and (d) of the Jobseekers Act 1995 (c. 18) (regulation 2(6) and (7));

• allow any pension payments made to a jobseeker as a result of the death of a person who was a member of a pension scheme, to be disregarded in the calculation of a contribution-based jobseeker’s allowance (regulation 2(9));

• provide that payments under the Iron and Steel Employees Re-adaptation Benefits Scheme should not be treated as earnings or as a compensation payment for jobseeker’s allowance purposes (regulation 2(12));

• provide that an income support claimant’s earnings should count towards a Back to Work Bonus if they are involved in a trade dispute and become incapable of work or enter their maternity pay period (regulation 3(5));

• clarify the formula whereby days of unemployment benefit count as days of entitlement to a contribution-based jobseeker’s allowance at the end of a transitionally protected period; and provide that the formula should not be used where a new award of a contribution-based jobseeker’s allowance which is transitionally protected is based on the same tax years as a previous non-linking award of unemployment benefit (regulation 4(4)).

Regulation 5 amends a technical error in the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978 (S.I. 1978/393) which also relates to jobseeker’s allowance paid during the transitional period.

Regulation 6 amends the Social Security (General Benefit) Regulations 1982 (S.I. 1982/1408) by omitting certain provisions which are now rendered otiose with the introduction of contribution-based jobseeker’s allowance.

Regulation 7 amends the Income Support (General) Regulations 1987 (S.I. 1987/1967) by providing similar amendments in relation to income support to those made in relation to jobseeker’s allowance by regulation 2(12) of these Regulations.

The amendments in regulation 8 to the Social Security (Child Maintenance Bonus) Regulations 1996 (S.I. 1996/3195), are made under section 10 of the Child Support Act 1995 (c. 34) and are made before the end of the period of 6 months beginning with the coming into force of that section. Regulation 8 is therefore exempt from the requirement in section 172(1) of the Social Security Administration Act 1992 (c. 5) to refer proposals to make the regulation to the Social Security Advisory Committee and is made without reference to that Committee. This regulation makes a number of minor textual amendments to those Regulations.

Regulation 9 revokes the Social Security (General Benefit) Amendment Regulations 1984 (S.I. 1984/1259), together with a provision in the Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/2538) which had been inserted erroneously.

These Regulations do not impose a charge on businesses.